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HomeMy WebLinkAbout~Master - Variance to the height restriction to allow construction of a garage at 415 Garden Road a L 1E CITY OF AMES, IOWA AUG 2 1 2012 ZONING BOARD OF ADJUSTME T CITY CLERK CITY OF AMES,IOWA IN THE MATTER OF THE APPLICATION OF GEIL FOR A CASE NO. 12-13 VARIANCE TO THE HEIGHT RESTRICTIONS, SECTION GEOCODE NO. 09-23-205-120 29.408(7)(a)(ii)(a), AMES MUNICIPAL CODE, TO ALLOW CONSTRUCTION OF A GARAGE ON THE PROPERTY LOCATED AT 415 GARDEN ROAD DECISION & ORDER FACTS The property at this address is a single family detached home. It is located in an RL (Low Density Residential) zoning district. The house is a single story ranch style structure and there is not presently a garage on the site. The homeowner had poured a concrete slab for the garage but stopped without further construction when he found out the proposed garage height was not in compliance with the zoning. The zoning ordinance limits the height of a detached garage to no more than the height of the principal structure. Under the zoning code, the height of a structure with a pitched roof is measured from the adjacent grade to the midpoint between the eaves and the peak ridge of the roof. In this situation, the height of the home is 12 feet and the height of the proposed garage is 14 feet 3 inches. Since the proposed garage would be taller than the home, the homeowner is seeking a variance to allow his project. The garage that the homeowner wants to build would be 30 feet by 30 feet, with a 6:12 pitched roof on 10 foot sidewalls. The lot is deep and the proposed location of the garage would be in the rear yard,but the rear yard is on the same level as the house so the garage would be visibly taller than the house. The homeowner had not considered attaching the garage in any fashion, but an attached garage would not be limited in height and there are fairly easy ways to accomplish a connection. DECISION The Board considers the standards applicable to requests for variances from the provisions of the zoning ordinance. In this situation, while the project contemplated would improve this property, it has not been shown that there are any unique circumstances associated with the situation nor will unnecessary hardship result if the variance is not granted. The area where this is to be constructed is vacant space and the structure itself is only in the planning stage, so there is complete freedom to alter the location and size so that compliance with the code can be attained. Since there are several options which would allow compliance with the code, it would not be in the spirit of the ordinance to grant a variance and it should and will be denied. ORDER WHEREFORE, IT IS ORDERED that the Applicant is Denied a Variance to the Height Restrictions for a Detached Garage in an RL (Low Density Residential) zoning district, section 29.408(7)(a)(ii)(a) of the Ames Municipal Code, to allow construction of a detached garage whose height exceeds the principal structure, all for on the property located at 415 Garden Road. Any person desiring to appeal this decision to a court of record may do so within 30 days after the filing of this decision. Done this 25th day of July, 2012. -�C' cc, *etary Bruce Calhoun he Board Chair